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Official Fees:
US $15.00
Professional Fees:
US $300.00

US $315.00

Trademark Opposition

Agent: Budaza & Mashifane inc
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Service Description

Preparing and filing an opposition or counterstatement against a trademark registration per class, and following up on its proceedings until final resolution by the TM registrar.

FAQs

1. How long do I have to file an opposition after a trademark is accepted?
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An opposition must be filed within 3 months from the publication of the acceptance of the trademark application. This period can be extended by another 3 months upon submitting an official request to the TM registrar.

2. What is required to file an opposition?
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An opposition must be filed as a notice of opposition, supported by an affidavit outlining the facts on which the opposition is based.

3.What happens after an opposition is filed?
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The applicant has one month to notify the opponent if they intend to defend the opposition. If they do, the applicant must provide their answering evidence within two months, and the opponent must submit their replying evidence within one month. The pleadings are then closed, and the matter is set for a hearing.

4. Where are opposed trademark cases heard?
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Currently, opposed trademark cases are referred to the High Court of South Africa, Gauteng Division - Pretoria, as the TM registrar is not holding hearings for opposition cases.

5. How long do opposition proceedings take?
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Opposition proceedings typically take between 18 to 24 months to be completed, depending on the backlog at the High Court.

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